A. Any person qualified under Section 18 of this title may petition
the district court of the district in which the arrest information
pertaining to the person is located for the sealing of all or any part
of the record, except basic identification information.
B. Upon the filing of a petition or entering of a court order, the
court shall set a date for a hearing and shall provide thirty (30)
days of notice of the hearing to the district attorney, the arresting
agency, the Oklahoma State Bureau of Investigation, and any other
person or agency whom the court has reason to believe may have
relevant information related to the sealing of such record.
C. Upon a finding that the harm to privacy of the person in interest
or dangers of unwarranted adverse consequences outweigh the public
interest in retaining the records, the court may order such records,
or any part thereof except basic identification information, to be
sealed. If the court finds that neither sealing of the records nor
maintaining of the records unsealed by the agency would serve the ends
of justice, the court may enter an appropriate order limiting access
to such records.
Any order entered under this subsection shall specify those agencies
to which such order shall apply. Any order entered pursuant to this
subsection may be appealed to the Oklahoma Court of Criminal Appeals
in accordance with the rules of the Oklahoma Court of Criminal
D. Upon the entry of an order to seal the records, or any part
thereof, the subject official actions shall be deemed never to have
occurred, and the person in interest and all criminal justice agencies
may properly reply, upon any inquiry in the matter, that no such
action ever occurred and that no such record exists with respect to
E. Inspection of the records included in the order may thereafter be
permitted by the court only upon petition by the person in interest
who is the subject of such records, the Attorney General, or by the
district attorney and only to those persons and for such purposes
named in such petition.
F. Employers, educational institutions, state and local government
agencies, officials, and employees shall not, in any application or
interview or otherwise, require an applicant to disclose any
information contained in sealed records. An applicant need not, in
answer to any question concerning arrest and criminal records provide
information that has been sealed, including any reference to or
information concerning such sealed information and may state that no
such action has ever occurred. Such an application may not be denied
solely because of the applicant's refusal to disclose arrest and
criminal records information that has been sealed.
G. All arrest and criminal records information existing prior to the
effective date of this section, except basic identification
information, is also subject to sealing in accordance with subsection
C of this section.
H. Nothing in this section shall be construed to authorize the
physical destruction of any criminal justice records.
I. For the purposes of this section, sealed materials which are
recorded in the same document as unsealed material may be recorded in
a separate document, and sealed, then obliterated in the original
J. For the purposes of this act, district court index reference of
sealed material shall be destroyed, removed or obliterated.
K. Any record ordered to be sealed pursuant to Section 1 et seq. of
this title, if not unsealed within ten (10) years of the expungement
order, may be obliterated or destroyed at the end of the ten-year
L. Subsequent to records being sealed as provided herein, the district
attorney, the arresting agency, the Oklahoma State Bureau of
Investigation, or other interested person or agency may petition the
court for an order unsealing said records. Upon filing of a petition
the court shall set a date for hearing, which hearing may be closed at
the court's discretion, and shall provide thirty (30) days' notice to
all interested parties. If, upon hearing, the court determines there
has been a change of conditions or that there is a compelling reason
to unseal the records, the court may order all or a portion of the
M. Nothing herein shall prohibit the introduction of evidence
regarding actions sealed pursuant to the provisions of this section at
any hearing or trial for purposes of impeaching the credibility of a
witness or as evidence of character testimony pursuant to Section 2608
of Title 12 of the Oklahoma Statutes.